QUESTION
How can I seize or remove myself from a jointly owned auto?
Asked on Nov 17th, 2012 on Divorce - California
More details to this question:
I am a military memeber and currently separated from my wife. We have an automobile jointly in our names with me listed as primary buyer. I give her roughly $1400 BAH entitlements and she refuses to pay the note. How can I either seize the auto or remove myself from the auto loan completely?
6 ANSWERS
Dennis P. Mikko
Absent agreement from the lender, which most likely would not be given, you cannot remove yourself from the note. If you are an owner of the car, you could take possession. However, if your wife is on the title, you could not sell it without her consent. You need to talk to her as there is one certainty, if nothing is done, it will be repossessed.
Answered on Nov 20th, 2012 at 5:24 AM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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File for divorce. File for a hearing regarding the car. If you are both on the loan, the loan company may refuse to let one person take the entire loan over, especially if she is not working.
Answered on Nov 20th, 2012 at 5:24 AM
Steven D. Dunnings
She would have to refinance the car in her name alone.
Answered on Nov 20th, 2012 at 5:23 AM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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You need to file for divorce and get the question resolved in that legal proceeding. It is unlikely that the loan company will ever let you off the loan unless your wife completely refinances in her own name.
Answered on Nov 20th, 2012 at 5:22 AM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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get divorced or legally separated and address this issue
Answered on Nov 20th, 2012 at 5:22 AM
You can't seize it since her name is also on the title. And you can't get your name off the loan unless she willingly refinances.
Answered on Nov 20th, 2012 at 5:14 AM